Case Brief
Supreme Court of India
Petitioner: Mashavrao Jiwaji Rao Scindia & Anr.
Respondent: Sambhajirao Chandrojirao Angre
Date of Judgement: February 09, 1988
Criminal Appeal No. 658 of 1986
Citation: (1988) 1 SCC 692
Bench / Coram: Misra Rangnath Oza, G.L. (J) Dutt, M.M. (J)
Statutes Referred:
Indian Penal Code, 1860
Criminal Procedure Code, 1973
Indian Trusts Act 1882
Judgement:
Hon’ble Supreme Court of India has held that it is held that well settled proposition of law that unjustified criminal prosecution must be vitiated which is on account of malafides. The Criminal Courts must satisfy before quashing that whether the uncontroverted allegations as made prima facie establish the offence.
“The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence.”
“It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue.”
“This is so on the basis that the court cannot be utilised for any oblique purpose and where in the opinion of the court chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage.”
Drafted By: Abhijit Mishra